Claimant v F M Conway Limited
Outcome
Individual claims
The tribunal allowed the claimant's application to amend the claim to bring a direct race discrimination claim. This claim will proceed to a future hearing to be determined on its merits.
The tribunal struck out the unlawful deduction of wages claim under Employment Tribunal Rule 38(1)(a) on the basis that it has no reasonable prospect of success.
Facts
This was a preliminary hearing concerning an application by the claimant to amend his claim to include direct race discrimination, and the respondent's application to strike out an unlawful deduction of wages claim. The claimant was represented by counsel and the respondent by a solicitor. The hearing was conducted remotely by video.
Decision
The tribunal allowed the claimant's amendment application to add a direct race discrimination claim, which will proceed to a full hearing. However, the tribunal struck out the unlawful deduction of wages claim on the basis that it had no reasonable prospect of success under Rule 38(1)(a).
Practical note
A tribunal will permit amendments to add discrimination claims at a preliminary stage while simultaneously striking out claims that fail the no reasonable prospects test, allowing meritorious claims to proceed while disposing of hopeless ones efficiently.
Legal authorities cited
Statutes
Case details
- Case number
- 2306285/2023
- Decision date
- 23 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister